Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

KC, CS, FCIArb., LSM

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611 | 416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Kathryn J. Manning

Q.Arb.

kmanning@dmgadvocates.com
www.dmgadvocates.com
416-238-7461

Case #0144M – Shah v. 625 Sheppard Bayview Village GP Inc.

May 6, 2025

ONTARIO – Arbitration – Costs – Subsection 15(c) of the Tarion Addendum to an agreement of purchase and sale (APS) changes the costs regime imposed by s. 131 of the Courts of Justice Act and the Rules of Civil Procedure (“RCP”). The general rule of costs following the event under the RCP does not govern and purchasers are presumed entitled to their costs regardless of the outcome of the arbitration. The arbitrator may only deviate from the presumption that the vendor pays the arbitrator’s fees and disbursements and the reasonable fees and disbursements of the purchaser for just cause.

Case #0143P – Coscarella Dentistry Professional Corporation v. Harvey

May 6, 2025

ONTARIO – Contract law – Contracts – Breach of Contract – Duty of Good Faith, Conversion, Breach of Confidence, Breach of Fiduciary Duty – Non-competition covenants — Torts — Independent Contractor Agreements.

Case #0142E – 2730453 Ontario Inc. v. 2380673 Ontario Inc.

May 6, 2025

ONTARIO – Oral Contracts for Sale of Land – Doctrine of Part Performance - Statute of Frauds, s. 4 -- When a buyer and a seller of land make an oral agreement for sale, the exception to section 4 of the Statute of Frauds applies if the claiming party proves that 1) all elements of the contract were agreed or acquiesced, 2) substantial steps taken to carry out the transaction making it inequitable to allow the other party to rely on the absence of a written agreement, and 3) there is some evidence of detrimental reliance, which may include the enforcing party’s inability to acquire the property -- Trial judge’s finding that doctrine of part performance applies is subject to deference on appeal.

Case #0141M – TSCC No. 2707 v. 612 Richmond Street West Inc. et al

May 6, 2025

ONTARIO – Arbitration – Enforcement – Where none of the conditions in s. 50(3)(a) to (d) of the Arbitration Act, 1991 are present, the court is required to grant judgment enforcing the award. Issues between co-respondents to an application for enforcement under s. 50 of the Act that do not engage with the questions listed under subsections 50(3)(a) to (d) are not relevant to the application.